NO HARASSMENT POLICY
Coverage: All Faculty, Staff and Students
Effective: June 5, 2009
As an expression of its Catholic and Franciscan values, Saint Francis University is committed to maintaining a learning, living, and working environment free from harassment based on gender, age, race, color, ethnicity, religion, sexual orientation, marital status, disability, veteran status, or any protected classification. Such harassment in any manner or form by anyone in the University community is expressly prohibited. This includes harassment of or by individuals not directly affiliated with the University, e.g., contractors, vendors, visitors. This policy also applies to harassment off-site or after normal business hours in University related settings. These include, but are not limited to, business trips, athletic events, conferences, and University related social events.
The University is responsible for creating an atmosphere of dignity and respect, free from discrimination and harassment, sexual or otherwise. Furthermore, all faculty, staff, and students have a responsibility to maintain an environment free from such harassment and to promptly report incidents.
DEFINITIONS
A. Harassment (General)
Harassment consists of verbal, physical or visual conduct relating to sex, age, race, color, ethnicity, religion, sexual orientation, disability, veteran status, or any protected classification which has the purpose or effect of interfering with academic or job performance, or otherwise creating an intimidating, hostile or offensive living, learning, or working environment. Examples include but are not limited to: (i) epithets and slurs, as well as threatening, intimidating, or hostile acts that relate to sex, age, race, color, ethnicity, religion, sexual orientation, disability, veteran status, or any protected classification (ii) written or graphic material that reflects hostility or aversion toward an individual or group because of sex, age, race, color, ethnicity, religion, sexual orientation, disability, veteran status, or any protected classification.
B. Sexual Harassment
Sexual harassment is defined as unwelcome touching, sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
1) submission to the conduct is either explicitly or implicitly a term or condition of an individual's employment or academic advancement;
2) submission to or rejection of such conduct is used as the basis for employment decisions or performance review; academic decisions, academic assessment; and/or
3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or otherwise creating an intimidating, hostile or offensive living, learning or working environment.
Examples of sexual harassment include, but are not limited to: vulgar language; direct propositions of a sexual nature; sexual favors in return for rewards, or threats if these favors are not provided; leering or staring; subtle innuendo or pressure for sexual activity; sexually explicit jokes, anecdotes, statements or questions; pet names; gossip regarding one’s sex life, body, sexual activities, or prowess; remarks about a person’s anatomy or physical characteristics; inquiries or questions regarding one’s sexuality or sexual activities; open displays of sexually explicit or suggestive pictures, posters, calendars, or cartoons; offensive e-mail, voice mail, or other electronic communications; unwanted letters or poems; unnecessary or unwelcome physical touching, petting, and hugging (“touching” may include rubbing or massaging someone’s neck or shoulders, stroking someone’s hair, or brushing against someone else’s body); repeated requests for dates after being refused by the person; jokes or comments regarding another’s perceived sexual orientation.
C. Unacceptable Relationships
Romantic or sexual relationships between faculty and students, coaches and students, staff and students, and between supervisors and subordinates where one party supervises, advises, or evaluates the other are problematic even when both parties have apparently given voluntary consent. For purposes of this policy, unacceptable relationships include, but are not limited to: romantic or sexual relationship between a student and any faculty member; between a coach and any student; between staff and students, especially when one supervises, advises or evaluates the other; and between staff members when one supervises, evaluates, or advises another. Such relationships have the potential for adverse consequences and will not be tolerated. This policy is understood not to apply to married couples.
COMPLAINTS
Any member of the Saint Francis University community who believes that he or she has been subject to harassment in violation to this policy or suspects the occurrence of harassment should report the matter at once so that the University may promptly deal with it.
Complaints by or about employees or visitors are to be made to the Chief Human Resources Officer. (Complaints made to any other university employee which involve employees are to be immediately reported to the Chief Human Resources Officer.)
Complaints of harassment involving students only, are to be made to the Vice-President for Student Development. (Complaints made to any university employee involving students only are to be immediately reported to the Vice-President for Student Development.) These complaints will be investigated in accordance with procedures established by Student Development.
Complaints of physical violence or sexual assault, however, should be reported directly to the University Police.
These complaints will be investigated in accordance with procedures established by the University Police.
Complaints of harassment by or about employees or visitors will be investigated using the following procedure:
Step I: Within one working day of receiving a complaint, the Chief Human Resources Officer will schedule an interview with the complainant which is to take place no later than five working days after the initial contact. At the meeting the complainant will be asked to complete an Incident Allegation Form. If there is need of medical or psychological services by the complainant, referral to an appropriate agency will be made.
Step II: Within two working days of the interview with the complainant, the Chief Human Resources Officer informs the accused that the allegation has been made. Within two working days of informing the accused of the allegation, the Chief Human Resources Officer schedules an interview with the accused which is to take place within five working days of the interview being scheduled.
Step III: During the initial interview with the accused, he/she is informed of the specifics of the allegation and given an opportunity to respond. The accused shall also be given the opportunity to respond in writing within ten working days of the initial interview. If the accused does not admit to the allegation, or wishes to contest some part of it, the Chief Human Resources Officer begins an investigation within five working days after the time allotted for the written response to the allegations.
Step IV: Within three working days of either the accused admitting the allegation or the completion of the investigation (see Step III), the Chief Human Resources Officer begins the process of resolution. A plan for resolution will be devised in collaboration with the complainant, the accused and the Chief Human Resources Officer.
In resolving complaints of harassment by or about faculty or staff, the Chief Human Resources Officer will work in cooperation with the employee’s Department Director, Dean, or Vice-President of the division in which the accused is employed.
CONFIDENTIALITY
Due to the sensitivity of harassment issues, each case will be investigated in a manner which is as confidential as possible. Every effort will be made to ensure confidentiality to the extent that this does not interfere with the University’s ability to properly investigate complaints of harassment.
CORRECTIVE ACTION
Any person found to have violated the University's No Harassment Policy will be subject to appropriate corrective and/or disciplinary action, including, but not limited to: suspension, probation, termination, dismissal or expulsion, according to the nature and severity of the offense. By enforcing this policy, the University will preserve the rights of every student, employee, and applicant for employment to enjoy an environment free of harassment.
FALSE COMPLAINTS /FALSE INFORMATION
The creation of a harassment-free environment requires the honesty and cooperation of every member of the University community. Therefore, any person, whether a complainant, an individual accused of harassment, or other member of the University community who is found to have made false accusations, provided false information, or hindered an investigation, will be subject to appropriate disciplinary measures.
RETALIATION PROHIBITED
The University will not tolerate retaliation or discrimination against persons who lodge complaints or reports of alleged violations of this policy or who cooperate with or assist in any investigation or other proceeding regarding this policy.
COMMUNICATION AND EDUCATION
Saint Francis University recognizes the importance of informing and educating all students, faculty, and staff regarding their rights and responsibilities regarding this policy. Educational programming relating to this policy will be provided regularly. This policy will be distributed annually and will be included in the faculty, staff, and student handbooks. All faculty, staff, and students will be notified as to any changes to this policy.